Journal of the House

The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

The roll was called with 123 members present.

Reps. Adkins and Osborne were excused on excused absence by the Speaker.

Present later: Rep. Osborne.

Prayer by Chaplain Svoboda:

God of all power,

Lord of all love:
we give thanks for the recent rain
and the pleasure of the warm breeze on our skin.
May the weather today
remind us
that we ourselves don't control our lives
nor can we predict what will happen in the future.
We need your help
to discern what is best
in the matters that face us today.
Like the rains that water our land
and the breezes that move through the sky,
so too may You be with us
in all times and in all places.
Be with us now and always.
Amen.
The Pledge of Allegiance was led by Rep. Palmer.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:

Appropriations: HB 3000.

Judiciary: HB 3001.

To be referred: HB 3002, 3003.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2934 from Committee on
Education and referral to Committee on Appropriations.

Also, the withdrawal of HB 2697 from Committee on Appropriations and rereferral to
Committee on Judiciary.

Also, the withdrawal of HB 2971 from Committee on Economic Development and
referral to Committee on Appropriations.

COMMUNICATIONS FROM STATE OFFICERS
From Dale Brunton, Acting Director, Division of Accounts and Reports, Department of
Administration, Monthly Financial Perspective for January, 2000.

The complete report is kept on file and open for inspection in the office of the Chief
Clerk.

MOTIONS AND RESOLUTIONS OFFERED ON A PREVIOUS DAY
The motion of Rep. Showalter, in accordance with subsection (b) of House Rule 1309,
that HB 2708 be withdrawn from Committee on Insurance and be placed on the calendar
under the order of business General Orders, was considered.

Roll call was demanded.

On roll call, the vote was: Yeas 50; Nays 73; Present but not voting: 0; Absent or not
voting: 2.

Not having received the required 70 votes, the motion did not prevail.

CONSENT CALENDAR
Objection was made to HB 2815 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

No objection was made to HB 2929 appearing on the Consent Calendar for the second
day.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2328, An act concerning elections; relating to advance voting; amending K.S.A. 1999
Supp. 25-1122 and 25-1128 and repealing the existing sections, was considered on final
action.

On roll call, the vote was: Yeas 80; Nays 43; Present but not voting: 0; Absent or not
voting: 2.

Mr. Speaker: I vote no on HB 2328 because I am concerned that the language in the
bill could be interpreted in such a way that would prohibit someone from collecting ballot
applications at nursing homes, hospitals, retirement communities, churches, etc. I think the
language is broad enough that a county election officer could refuse to accept ballot
applications in quantities from anyone. If a nursing home director or a church wants to
provide a service to their residents or members and obtain advance ballots for them, I don't
believe we want to discourage that. I vote no on HB 2328.--Dale Swenson

HB 2646, An act concerning cities and counties; relating to planning and zoning;
amending K.S.A. 1999 Supp. 12-757 and repealing the existing sections, was considered on
final action.

On roll call, the vote was: Yeas 121; Nays 2; Present but not voting: 0; Absent or not
voting: 2.

HB 2768, An act relating to the state corporation commission; concerning the regulation
of motor carriers; amending K.S.A. 66-143, 66-144, 66-1,117 and 66-1,119 and K.S.A. 1999
Supp. 66-123, 66-138, 66-1,114, 66-1,115a, 66-1,118 and 66-1,119a and repealing the
existing sections, was considered on final action.

On roll call, the vote was: Yeas 123; Nays 0; Present but not voting: 0; Absent or not
voting: 2.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Pottorff in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Pottorff, Committee of the Whole report, as follows, was adopted:

Recommended that committee report to HB 2860 be adopted; also, on motion of Rep.
Ray be amended on page 4, in line 41, before ``payment'', by inserting ``with the consent of
the city or county,'';

Also, on motion of Rep. Flora to amend HB 2860, the motion did not prevail and the
bill be passed as amended.

Committee report recommending a substitute bill to Sub. HB 2144 be adopted; and the
substitute bill be passed.

Committee report to HB 2891 be adopted; also, on motion of Rep. Alldritt to amend,
Rep. Boston moved to rerefer the bill to Committee on Utilities. The motion did not prevail.
The question then reverted back to the motion of Rep. Alldritt and the bill be amended on
page 4, in line 26, by striking all after ``(d)''; by striking all of line 27; in line 28, by striking
all before ``A'';

The Committee on Education recommends HB 2794 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL No. 2794,'' as follows:

``Substitute for HOUSE BILL No. 2794

By Committee on Education

``AN ACT requiring the state board of education to prepare a strategy for developing and

implementing a mastery of basic skills program in school districts.'';

and the substitute bill be passed.

(Sub. HB 2794 was thereupon introduced and read by title.)

The Committee on Education recommends HB 2899 be amended on page 1, in line
14, by striking ``reding'' and inserting ``reading'';

On page 2, in line 41, by striking ``noninsturctional'' and inserting ``noninstructional'';

On page 3, in line 5, by striking ``insturctional'' and inserting ``instructional''; in line 6, by
striking ``(2)'' and inserting ``(b)''; in line 10, by striking ``disablities'' and inserting
``disabilities''; in line 39, by striking ``cirricular'' and inserting ``curricular'';

On page 4, in line 5, by striking ``specilaist'' and inserting ``specialist'';

On page 5, in line 28, by striking ``readign'' and inserting ``reading''; in line 43, by striking
``inprovement'' and inserting ``improvement'';

On page 6, in line 1, by striking ``ongoin'' and inserting ``ongoing''; in line 7, by striking
``reaqding'' and inserting ``reading''; and the bill be passed as amended.

The Committee on Environment recommends HB 2954 be passed.

The Committee on Health and Human Services recommends HB 2755 be amended
on page 1, in line 36, by striking all after ``environment''; by striking all in lines 37 and 38;
in line 39, by striking all before the period and inserting: ``received pursuant to K.S.A. 65-
501 et seq. regarding child care facilities, maternity centers or family day care homes shall
not be released publicly in a manner that would identify individuals, unless required by
law''; in line 40, by striking all after ``(b)''; by striking all in lines 41, 42 and 43;

On page 2, by striking all in lines 1 through 4; in line 5, by striking all before the period
and inserting: ``The name, address and telephone number of a child care facility, maternity
center or family day care home shall not be released publicly unless required by law''; in
line 9, by striking ``regulates child care'' and inserting ``provides child care services''; in line
10, after the semicolon, by inserting ``or''; also in line 10, by striking all after ``(4)''; by striking
all in lines 11 through 14 and inserting in lieu thereof the following: ``any federal agency for
the purposes of compliance with federal funding requirements.

(d)'';

Also on page 2, in line 16, by striking all after ``the'' where it appears for the last time; in
line 17, by striking all before ``unless'' and inserting: ``person whose information will be
disseminated''; also in line 17, by striking all after ``law''; by striking all in lines 18 and 19;
in line 20, by striking ``thereto''; in line 22, by striking ``individual'' and inserting: ``person
whose information will be disseminated''; also in line 22, by striking ``or if the''; by striking
all in line 23; in line 24, by striking all before the period; in line 25, by striking ``(d)'' and
inserting ``(e)''; in line 26, by striking ``to 65-522, inclusive,'' and inserting ``et seq.''; in line
28, by striking ``individuals'' and inserting ``persons''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2557 be amended on page 1, in line 26,
after ``officer'' by inserting ``with a motor vehicle''; in line 27, by striking all after ``duty''; in
line 28, by striking all before the period; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2685 be amended on page 2, in line 20,
by striking ``and''; in line 25, by striking the period and inserting ``; and

(5) the same meaning as prescribed by 15 U.S.C. § 1691(d)(6).'';

On page 3, in line 22, by striking ``(n)'' and inserting ``(i)'';

On page 6, in line 39, after ``information'' by inserting ``(i)''; in line 40, by striking
``involving'' and inserting ``that is initiated by''; also in line 40, after ``or'' by inserting ``(ii)'';
in line 42, by striking ``or'';

On page 7, in line 16, by striking ``and''; in line 18, by striking the period and inserting:
``; and

Also on page 7, in line 32, by striking ``609'' and inserting ``1681g''; in line 39, after ``and''
by inserting ``(ii)'';

On page 8, in line 24, by striking ``609'' and inserting ``1681g''; in line 30, by striking
``home'' and inserting ``whom'';

On page 9, in line 8, by striking ``609'' and inserting ``1681g'';

On page 17, in line 8, by striking all after ``(b)''; by striking all in lines 9 through 27; in
line 28, by striking all before ``The'';

On page 22, in line 38, by striking the comma where it appears for the first time and
inserting ``and''; also in line 38, by striking ``, and (d)''; in line 42, by striking ``$8'' and
inserting ``the amount allowed under 15 U.S.C. § 1681(a)'';

On page 23, in line 12, by striking all after ``(b)''; by striking all in lines 13 through 32; in
line 33, by striking all before ``Upon''; in line 42, by striking ``(d)'' and inserting ``(c)'';

On page 24, in line 3, by striking ``(e)'' and inserting ``(d)''; in line 5, by striking all after
``charge''; by striking all in line 6; in line 7, by striking all before the period; in line 9, by
striking ``up to $8''; in line 10, before the period, by inserting ``as provided in subsection
(a)'';

On page 28, in line 28, by striking all after ``(b)''; by striking all in line 29; in line 30, by
striking ``(c)''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2905 be amended on page 4, in line 20,
before the period by inserting ``or requests personal or residence service pursuant to
subsection (d)'';

On page 5, in line 15, before the comma by inserting ``of delivery''; in line 16, following
the period by inserting ``The original return of service shall be filed with the clerk, along
with a copy of the return receipt evidencing such delivery.'';

On page 8, in line 28, following the period by inserting ``(1)''; in line 29, by striking ``may
be'' and inserting ``by return receipt delivery shall include service effected''; in line 36,
following the period by inserting ``(2)''; also in line 36, before ``shall'' by inserting ``party or
party's attorney'';

On page 9, in line 2, following the period by inserting ``(3)''; in line 4, following the period
by inserting ``(4)''; in line 15, following the period by inserting ``(5)''; in line 26, by striking
``sheriff,''; in line 41, by striking the first ``certified mail'' and inserting ``return receipt
delivery''; also in line 41, by striking the second ``certified mail'' and inserting ``return receipt
delivery'';

On page 10 in line 33, before the period by inserting ``or requests personal or residence
service pursuant to subsection (d)'';

On page 13 in line 11, by striking ``mail'' where it appears for the first time and inserting
``return receipt delivery''; also in line 11, by striking ``certified mail'' and inserting ``return
receipt delivery''; and the bill be passed as amended.

The Committee on Local Government recommends HB 2877 be passed.

The Committee on Taxation recommends HB 2823 be amended on page 2, by striking
all in lines 2 through 10 and inserting the following:

``(d) In order to clarify and express the intent of the legislature regarding the
methodology utilized in the determination of fair market value of producing oil and gas
leases for property tax purposes, it is hereby declared that the primary and predominant
consideration in such determination is, has been and shall be the actual value of oil and gas
production severed from the earth.''; in line 13, by striking ``statute book'' and inserting
``Kansas register''; and the bill be passed as amended.

Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were thereupon introduced and read by title:

HB 3004, An act concerning motor vehicles; relating to license plates, by Committee on
Federal and State Affairs.

INTRODUCTION OF ORIGINAL MOTIONS AND HOUSE RESOLUTIONS
The following resolution was introduced and read by title:

HOUSE RESOLUTION No. 6010--

By Committee on Taxation

A RESOLUTION urging the local units of government to examine closely budgets based

on revenue received from property taxes.

WHEREAS, The 1999 legislature removed the property tax lid restricting local units of

government in the funding of their budgets from revenue received from property tax;

WHEREAS, Property taxes levied by all local units of government for the purpose of
funding their budgets in the aggregate increased by an amount exceeding 7% over that
levied in the next preceding year when the property tax lid was in effect: Now, therefore,

Be it resolved by the House of Representatives of the State of Kansas: That we do hereby
strongly urge the governing bodies of all local units of government to review the property
tax funded portions of their budgets and restrict growth thereof to the rate of inflation; and

Be it further resolved: That the Chief Clerk of the House of Representatives be directed
to send enrolled copies of this resolution to each association or organization which represents
a local unit of government.

On motion of Rep. Glasscock, the House recessed until 2:00 p.m.

______

Afternoon Session

The House met pursuant to recess with Speaker pro tem Mays in the chair.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Phil Kline in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Phil Kline, Committee of the Whole report, as follows, was adopted:

Recommended that HB 2727 be passed.

Committee report to HB 2945 be adopted; and the bill be passed as amended.

On motion of Rep. Powers to amend HB 2624, Rep. Pottorff requested the question be
divided. The question was divided. Rep. Powers subsequently withdrew his amendment.

Also, on motion of Rep. Wilk to amend HB 2624, the motion did not prevail, and the
bill be passed.

Committee report to HB 2897 be adopted; also, on motion of Rep. Jim Morrison be
amended on page 1, in line 23, after ``to'', by inserting ``the state finance council,''; in line
26, before the period, by inserting ``and receiving the state finance council's approval of the
grant or conveyance; and HB 2897 be passed as amended.

Committee report to HB 2984 be adopted; and the bill be passed as amended.

Committee report to HB 2501 be adopted; and the bill be passed as amended.

Committee report to HB 2627 be adopted; also, on motion of Rep. Benlon be amended
on page 6, following line 25, by inserting:

``Sec. 4. K.S.A. 1999 Supp. 46-236 is hereby amended to read as follows: 46-236. No
state officer or employee, candidate for state office or state officer elect shall solicit any
economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service from
any person known to have a special interest, under circumstances where such officer, em-
ployee, candidate or state officer elect knows or should know that a major purpose of the
donor in granting the same could be to influence the performance of the official duties or
prospective official duties of such officer, employee, candidate or state officer elect.

Except when a particular course of official action is to be followed as a condition thereon,
this section shall not apply to: (1) Any contribution reported in compliance with the cam-
paign finance act; (2) a commercially reasonable loan or other commercial transaction in
the ordinary course of business; or (3) any solicitation for the benefit of any charitable
organization which is required to file a registration statement with the secretary of state
pursuant to K.S.A. 17-174017-1761, and amendments thereto, or which is exempted from
filing such statement pursuant to K.S.A. 17-174117-1762, and amendments thereto, or for
the benefit of any educational institution or such institution's endowment association, if such
association has qualified as a nonprofit organization under paragraph (3) of subsection (c)
of section 501 of the internal revenue code of 1986, as amended; (4) any solicitation for thebenefit of any national nonprofit, nonpartisan organization established for the purpose ofserving, informing, educating and strengthening state legislatures in all states of the nation;or (5) any solicitation for the benefit of any national, nonprofit organization established forthe purpose of serving, informing and educating elected executive branch officials in all statesof the nation.'';

By renumbering sections accordingly;

Also on page 6, in line 26, following ``Supp.'', by inserting ``46-236,'';

In the title, in line 14, following ``Supp.'', by inserting ``46-236,'';

Also, on motion of Rep. McKechnie HB 2627 be amended on page 3, by striking all in
lines 12 through 43;

On page 4, by striking all in lines 1 through 37 and inserting:

``New Sec. 2. (a) Except as provided in subsection (b), each member of the legislature
shall report any gift, entertainment or hospitality accepted by such legislator from a lobbyist.
Such report shall disclose the full name of the lobbyist who provided such gift, entertainment
or hospitality and the amount expended on such gift, entertainment or hospitality. Such
report shall be filed with the commission on forms provided by the commission. Such reports
shall be filed on or before January 15 and shall include any gift, entertainment or hospitality
accepted by such legislator during the preceding calendar year.

(b) No report shall be required to be filed pursuant to subsection (a) for the following:

(1) Meals, the provision of which is motivated by a personal or family relationship;

(2) meals provided at an event where all members of the legislature or all members of
the house of representatives or senate have been invited to attend;

(3) meals provided at public events in which the person is attending in an official
capacity;

(4) meals provided to a person subject to this section when it is obvious such meals are
not being provided because of the person's official position; and

(5) food such as soft drinks, coffee or snack foods not offered as part of a meal.'';

On page 6, in line 26, by striking ``, 46-237a and 49-269'' and inserting ``and 46-237a'';

In the title, in line 14, by striking ``, 46-237a'' and inserting ``and 46-237a''; in line 15, by
striking ``and 46-269'';

Also, on motion of Rep. Garner to amend HB 2627, Rep. Benlon requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back and roll call was demanded on the motion of Rep. Garner
to amend on page 6, after line 25, by inserting the following:

``New Sec. 4. (a) Except as otherwise specifically provided by law, all contracts for the
providing of professional services for state agencies shall be awarded in conformance with
guidelines established pursuant to rules and regulations adopted by the board of directors
of the Kansas development finance authority upon the basis of competitive bids. Except as
otherwise specifically provided by law, all consulting contracts for state agencies shall be
awarded in conformance with guidelines established pursuant to rules and regulations
adopted by the board of directors of the Kansas development finance authority upon the
basis of competitive bids. All bids shall be solicited by notice published in the Kansas register.
Notice also shall be published not less than once in the journal or other publication of the
profession for which such services are to be contracted. The director of purchases and
officers and employees of all state agencies shall provide such board with such information,
records and assistance as the board may require in its deliberations and determination in
awarding such contracts. When in the judgment of the board of directors of the Kansas
development finance authority, an agency emergency requires immediate performance of
services, competitive bids need not be required.

(b) As used in this act, ``professional services'' shall mean and include all services pro-
vided under contract to agencies of the state by any member of any profession, the members
of which are licensed or regulated under the laws of the state of Kansas.

(c) As used in this act, ``consulting contract'' shall mean and include all services provided
under contract to agencies of the state by a consultant.

(d) As used in this act, ``consultant'' shall have the meaning ascribed to it in K.S.A. 46-
284, and amendments thereto.

Sec. 5. K.S.A. 1999 Supp. 74-8904 is hereby amended to read as follows: 74-8904.
Except as otherwise limited by this act, the authority shall have the following powers to:

(a) Sue and be sued;

(b) have a seal and alter such seal;

(c) make and alter bylaws for its organization and internal management;

(d) adopt such rules and regulations as may be necessary to carry out the purposes of
this act;

(e) acquire, hold and dispose of real and personal property for its corporate purposes;

(f) appoint officers, agents and employees, prescribe their duties and qualifications and
fix their compensation;

(g) borrow money and to issue notes, bonds and other obligations pursuant to K.S.A.
74-8905, and amendments thereto, whether or not the interest on which is subject to federal
income taxation, and to provide for the rights of the lenders or holders thereof;

(h) purchase notes or participations in notes evidencing loans which are secured by
mortgages or security interests and to enter into contracts in that regard;

(i) make secured or unsecured loans for any of the purposes for which bonds of the
authority may be issued under this act or to low and moderate income multifamily rental
housing projects participating in programs established in section 42 of the federal internal
revenue code, and provide financing for housing projects and programs in participation with
programs established by the United States department of housing and urban development
or the Kansas department of commerce and housing; except as otherwise provided in this
subsection, nothing in this act shall be construed to authorize the authority to make loans
directly to individuals to finance housing developments;

(j) sell mortgages and security interests at public or private sale, to negotiate modifi-
cations or alterations in mortgage and security interests, to foreclose on any mortgage or
security interest in default or commence any action to protect or enforce any right conferred
upon it by any law, mortgage, security agreement, contract or other agreement, and to bid
for and purchase property which was the subject of such mortgage or security interest at
any foreclosure or at any other sale, to acquire or take possession of any such property, and
to exercise any and all rights as provided by law for the benefit or protection of the authority
or mortgage holders;

(k) collect fees and charges in connection with its loans, bond guarantees, commitments
and servicing, including, but not limited to, reimbursement of costs of financing as the
authority shall determine to be reasonable and as shall be approved by the authority;

(l) make and execute contracts for the servicing of mortgages acquired by the authority
pursuant to this act, and to pay the reasonable value of services rendered to the authority
pursuant to those contracts;

(m) enter into agreements with and accept gifts, grants, loans and other aid from the
federal government, the state, any state agency, any political subdivision of the state, or any
person or corporation, foundation or legal entity, and to agree to and comply with any
conditions attached to federal and state financial assistance not inconsistent with the pro-
visions of this act;

(n) invest moneys of the authority not required for immediate use, including proceeds
from the sale of any bonds, in such manner as the board shall determine, subject to any
agreement with bondholders stated in the authorizing resolution providing for the issuance
of bonds;

(o) procure insurance against any loss in connection with its programs, property and
other assets;

(p) provide technical assistance and advice to the state or political subdivisions of the
state and to enter into contracts with the state or political subdivisions of the state to provide
such services. The state or political subdivisions of the state are hereby authorized to enter
into contracts with the authority for such services and to pay for such services as may be
provided them;

(s) have and exercise all of the powers granted to the public housing authorities by the
state, except that the authority shall not have the power of eminent domain;

(t) do any and all things necessary or convenient to carry out purposes of the authority
and exercise the powers given and granted in this act;

(u) assist minority businesses in obtaining loans or other means of financial assistance.
The terms and conditions of such loans or financial assistance, including the charges for
interest and other services, will be consistent with the provisions of this act. In order to
comply with this requirement, efforts must be made to solicit for review and analysis pro-
posed minority business ventures. Basic loan underwriting standards will not be waived to
inconsistently favor minority persons or businesses from the intent of the authority's lending
practices; and

(v) form one or more subsidiary corporations under K.S.A. 17-6001 et seq., and amend-
ments thereto, in accordance with the procedures therein contained. Each subsidiary cor-
poration shall be subject to the same restrictions and limitations as to the powers and
purposes to which the authority is subject. The authority may delegate any of its powers,
obligations and duties to any subsidiary corporation by inclusion of such powers, obligations
and duties in the articles of incorporation of the subsidiary corporation. Subsidiary corpo-
rations so formed shall constitute legal entities separate and distinct from each other, the
authority and the state. The authority shall not be liable for the debts or obligations or for
any actions or inactions of its subsidiary corporations unless the authority expressly agrees
otherwise in writing. The authority may make loans or grants to a subsidiary corporation
from time to time to enable the subsidiary corporation to carry out its purposes. The mem-
bers of the authority shall constitute all of the directors of each subsidiary corporation.; and

(w) adopt rules and regulations establishing guidelines for the awarding of professionaland consulting services contracts for state agencies, in accordance with section 4, and amend-ments thereto.

The state, any municipality or any state commission, public authority, agency, officer,
department, board or division authorized and empowered to enter into agreements with, to
grant, convey, lease or otherwise transfer any property to, or to otherwise transact business
with the authority, shall have the same authorization and power to engage in these activities
with each subsidiary corporation of the authority.

One or more such subsidiary corporation may be formed for purposes of establishing
state tax credit equity funds to assist in the development of low-income and middle-income
housing and obtain financing through participation in the program established in section 42
of the federal internal revenue code.

Actions of the authority or any subsidiary corporation relating to housing pursuant to this
subsection (v) shall be carried out in accordance with any terms, conditions and limitations
relating to policy issues regarding housing, as established by the secretary of commerce and
housing.

One or more such subsidiary corporations may be formed for purposes of acquiring or
conveying on behalf of the state and pursuant to this act a project of statewide as well as
local importance, issuing bonds on behalf of the state pursuant to this act to finance a project
of statewide as well as local importance or otherwise financing on behalf of the state pursuant
to this act a project of statewide as well as local importance. The Kansas statewide projects
development corporation is hereby created in accordance with this section.

(a) Purchase, rent or otherwise provide for the furnishing of supplies, materials, equip-
ment or contractual services for all state agencies.

(b) Have power to authorize any state agency to purchase directly certain specified
supplies, materials, equipment or contractual services under prescribed conditions and
procedures.

(c) Prescribe the manner in which supplies, materials and equipment shall be purchased,
delivered and distributed.

(d) Prescribe the time, manner and authentication of making requisitions for supplies,
materials, equipment and contractual services.

(e) Establish standards of quality and quantity and develop standard specifications in
consultation with the several state agencies.

(f) Prescribe the manner of making chemical and physical tests of samples submitted
with bids and samples of deliveries to determine compliance with specifications and the
manner in which state agencies shall inspect all deliveries of supplies, materials and
equipment.

(g) Prescribe the amounts and form of, accounting for and disposition of any deposit or
bond required to be submitted with a bid or a contract and the amount of any such deposit
or bond to be given for the faithful performance of a contract.

(h) Require reports by state agencies of stocks of supplies, materials and equipment on
hand and prescribe the form of such reports and deliver copies of such reports to the director
of purchases and the director of accounts and reports.

Sec. 7. K.S.A. 1999 Supp. 75-3739 is hereby amended to read as follows: 75-3739. In
the manner as provided in this act and rules and regulations established thereunder:

(a) Except as otherwise provided in subsection (n), all contracts for construction and
repairs, and all purchases of and contracts for supplies, materials, equipment and contractual
services to be acquired for state agencies shall be based on competitive bids, except that
competitive bids need not be required in the following instances:

(1) For contractual services, supplies, materials, or equipment when, in the judgment
of the director of purchases, no competition exists;

(2) when, in the judgment of the director of purchases, chemicals and other material
or equipment for use in laboratories or experimental studies by state agencies are best
purchased without competition, or where rates are fixed by law or ordinance;

(3) when, in the judgment of the director of purchases, an agency emergency requires
immediate delivery of supplies, materials or equipment, or immediate performance of
services;

(4) when any statute authorizes another procedure or provides an exemption from the
provisions of this section;

(5) when compatibility with existing contractual services, supplies, materials or equip-
ment is the overriding consideration;

(6) when a used item becomes available and is subject to immediate sale; or

(7) when, in the judgment of the director of purchases and the head of the acquiring
state agency, not seeking competitive bids is in the best interest of the state.

When the director of purchases approves a purchase of or contract for supplies, materials,
equipment, or contractual services in any instance specified in this subsection, the director
may delegate authority to make the purchase or enter the contract under conditions and
procedures prescribed by the director.

The director of purchases shall prepare a detailed report at least once in each calendar
quarter of all contracts over $5,000 entered into without competitive bids under subsection
(a)(1), (2), (3), (5), (6) or (7). The director shall submit the report to the legislative coor-
dinating council, the chairperson of the committee on ways and means of the senate, the
chairperson of the committee on appropriations of the house of representatives and the
chairperson of the Kansas performance review board.

(b) (1) Except as otherwise provided in subsection (n), if the amount of the purchase is
estimated to exceed $50,000, sealed bids shall be solicited by notice published once in the
Kansas register not less than 10 days before the date stated in the notice for the opening of
the bids. The director of purchases may waive this publication of notice requirement when
the director determines that a more timely procurement is in the best interest of the state.
The director of purchases also may designate a trade journal for the publication. The director
of purchases also shall solicit such bids by sending notices by mail to prospective bidders
and by posting the notice on a public bulletin board for at least 10 business days before the
date stated in the notice for the opening of the bids unless otherwise provided by law. All
bids shall be sealed when received and shall be opened in public at the hour stated in the
notice.

(2) The director of purchases shall prepare a detailed report at least once in each cal-
endar quarter of all instances in which the director waived publication of the notice of bid
solicitations in the Kansas register as provided in this subsection. The director shall submit
the report to the legislative coordinating council, the chairperson of the committee on ways
and means of the senate, the chairperson of the committee on appropriations of the house
of representatives and the chairperson of the Kansas performance review board.

(c) Except as otherwise provided in subsection (n), all purchases estimated to exceed
approximately $25,000 but not more than $50,000, shall be made after receipt of sealed
bids following at least three days' notice posted on a public bulletin board.

(d) Except as otherwise provided in subsection (n), all purchases estimated to be more
than $5,000, but less than $25,000, may be made after the receipt of three or more bid
solicitations by telephone, telephone facsimile or sealed bid, following at least three days'
notice posted on a public bulletin board. Such bids shall be recorded as provided in sub-
section (e) of K.S.A. 75-3740 and amendments thereto. Any purchase that is estimated to
be less than $5,000 may be purchased under conditions and procedures prescribed by the
director of purchases. Purchases made in compliance with such conditions and procedures
shall be exempt from other provisions of this section.

(e) With the approval of the secretary of administration, the director of purchases may
delegate authority to any state agency to make purchases of less than $25,000 under certain
prescribed conditions and procedures. The director of purchases shall prepare a report at
least once in each calendar quarter of all current and existing delegations of authority to
state agencies as provided in this subsection. The director shall submit the report to the
legislative coordinating council, the chairperson of the committee on ways and means of the
senate, the chairperson of the committee on appropriations of the house of representatives
and the chairperson of the Kansas performance review board.

(f) Subject to the provisions of subsection (e), contracts and purchases shall be based
on specifications approved by the director of purchases. When deemed applicable and fea-
sible by the director of purchases, such specifications shall include either energy efficiency
standards or appropriate life cycle cost formulas, or both, for all supplies, materials, equip-
ment and contractual services to be purchased by the state. The director of purchases may
reject a contract or purchase on the basis that a product is manufactured or assembled
outside the United States. No such specifications shall be fixed in a manner to effectively
exclude any responsible bidder offering comparable supplies, materials, equipment or con-
tractual services.

(g) Notwithstanding anything herein to the contrary, all contracts with independent
construction concerns for the construction, improvement, reconstruction and maintenance
of the state highway system and the acquisition of rights-of-way for state highway purposes
shall be advertised and let as now or hereafter provided by law.

(h) The director of purchases may authorize state agencies to contract for services and
materials with other state agencies, or with federal agencies, political subdivisions of Kansas,
agencies of other states or subdivisions thereof, or private nonprofit educational institutions,
without competitive bids.

(i) The director of purchases may participate in, sponsor, conduct, or administer a co-
operative purchasing agreement or consortium for purchases of supplies, materials, equip-
ment, and contractual services with federal agencies or agencies of other states or local units
of government. Cooperative purchasing agreements entered into under this subsection shall
not be subject to K.S.A. 75-3739 through 75-3740a, and amendments thereto. Nothing inthis subsection shall allow federal grant moneys to be handled differently from any othermoneys of the state unless the requirements of the applicable federal grant specificallyrequire such federal moneys to be handled differently.

(j) The director of purchases may delegate authority to any state agency to make pur-
chases under certain prescribed conditions and procedures when the acquisition is funded,
in whole or in part, from a grant. Purchases made in compliance with such conditions and
procedures shall be exempt from other provisions of this section. As used in this subsection
the term ''grant`` means a disbursement made from federal or private funds, or a combi-
nation of these sources, to a state agency. Nothing in this subsection shall allow federal grantmoneys to be handled differently from any other moneys of the state unless the requirementsof the applicable federal grant specifically require such federal moneys to be handleddifferently.

(k) The director of purchases shall prepare a detailed report at least once each calendar
quarter of all contracts for services, supplies, materials or equipment entered into pursuant
to subsection (h), (i) or (j) and submit it to the legislative coordinating council, the chair-
person of the committee on ways and means of the senate, the chairperson of the committee
on appropriations of the house of representatives and the chairperson of the Kansas per-
formance review board.

(l) Except as otherwise specifically provided by law, no state agency shall enter into any
lease of real property without the prior approval of the secretary of administration. A state
agency shall submit to the secretary of administration such information relating to any pro-
posed lease of real property as the secretary may require. The secretary of administration
shall either approve, modify and approve or reject any such proposed lease.

(m) The director of purchases shall require all bidders on state contracts to disclose all
substantial interests held by the bidder in the state.

(n) The final determination and awarding of all consulting contracts and all contractsfor the providing of professional services for state agencies, shall be awarded in conformancewith guidelines established pursuant to rules and regulations adopted by the board of di-rectors of the Kansas development finance authority and as provided by K.S.A. 74-8904 andsection 4, and amendments thereto.

Sec. 8. K.S.A. 75-3740 is hereby amended to read as follows: 75-3740. (a) Except as
provided by K.S.A. 75-3740b, and amendments thereto, all contracts and purchases made
by or under the supervision of the director of purchases or any state agency for which
competitive bids are required shall be awarded to the lowest responsible bidder, taking into
consideration conformity with the specifications, terms of delivery, and other conditions
imposed in the call for bids.

(b) Except as otherwise provided in subsection (g), the director of purchases shall have
power to decide as to the lowest responsible bidder for all purchases, but if:

(1) The dollar amount of the bid received from the lowest responsible bidder from
within the state is identical to the dollar amount of the bid received from the lowest re-
sponsible bidder from without the state, the contract shall be awarded to the bidder from
within the state;

(2) in the case of bids for paper products specified in K.S.A. 75-3740b, and amendmentsthereto, the dollar amounts of the bids received from two or more lowest responsible bidders
are identical, the contract shall be awarded to the bidder whose bid is for those paper
products containing the highest percentage of recyclable materials; and

(3) in the case of bids for paper products specified in K.S.A. 75-3740b, and amendmentsthereto, the dollar amounts of the bids received from two or more lowest responsible bidders
are identical, the contract shall be awarded to the bidder whose bid is for those paper
products containing the highest percentage of recycled materials.

(c) Except as otherwise provided in subsection (g), any or all bids may be rejected, and
a bid shall be rejected if it contains any material alteration or erasure. The director of
purchases may reject the bid of any bidder who is in arrears on taxes due the state, who is
not properly registered to collect and remit taxes due the state or who has failed to perform
satisfactorily on a previous contract with the state. The secretary of revenue is hereby au-
thorized to exchange such information with the director of purchases as is necessary to
effectuate the preceding sentence notwithstanding any other provision of law prohibiting
disclosure of the contents of taxpayer records or information. Prior to determining the lowest
responsible bidder on contracts for construction of buildings or for major repairs or im-
provements to buildings for state agencies, the director of purchases shall consider: (1) The
criteria and information developed by the secretary of administration, with the advice of the
state building advisory commission to rate contractors on the basis of their performance
under similar contracts with the state, local governmental entities and private entities, in
addition to other criteria and information available, and (2) the recommendations of the
project architect, or, if there is no project architect, the recommendations of the secretary
of administration or the agency architect for the project as provided in K.S.A. 75-1254, and
amendments thereto. In any case where competitive bids are required and where all bids
are rejected, new bids shall be called for as in the first instance, unless otherwise expressly
provided by law.

(d) Before the awarding of any contract for construction of a building or the making of
repairs or improvements upon any building for a state agency, the director of purchases
shall receive written approval from the state agency for which the building construction
project has been approved, that the bids generally conform with the plans and specifications
prepared by the project architect, by the secretary of administration or by the agency ar-
chitect for the project, as the case may be, so as to avoid error and mistake on the part of
the contractors. In all cases where material described in a contract can be obtained from
any state institution, the director of purchases shall exclude the same from the contract.

(e) All bids with the names of the bidders and the amounts thereof, together with all
documents pertaining to the award of a contract, shall be made a part of a file or record
and retained by the director of purchases for five years, unless reproduced as provided in
K.S.A. 75-3737, and amendments thereto, and shall be open to public inspection at all
reasonable times.

(f) As used in this section and in K.S.A. 75-3741, and amendments thereto, ''project
architect`` shall have the meaning ascribed thereto in K.S.A. 75-1251, and amendments
thereto.

(g) The final determination and awarding of all consulting contracts and all contractsfor the providing of professional services for state agencies, shall be awarded in conformancewith guidelines established pursuant to rules and regulations adopted by the board of di-rectors of the Kansas development finance authority and as provided in K.S.A. 74-8904 andsection 4, and amendments thereto.'';

And by renumbering sections accordingly;

Also on page 6, in line 26, before ``K.S.A.'' by inserting ``K.S.A. 75-3738 and 75-3740
and''; also in line 26, by striking ``and'' and inserting a comma; also in line 26, after ``46-
269'' by inserting ``, 74-8904 and 75-3739'';

On page 1, in the title, in line 14, after the semicolon, by inserting ``consulting and
professional services contracts;''; also in line 14, after ``amending'' by inserting ``K.S.A. 75-
3738 and 75-3740 and''; in line 15, by striking ``and'' where it appears for the first time and
inserting a comma; also in line 15, after ``46-269'' by inserting ``, 74-8904 and 75-3739'';

On roll call, the vote was: Yeas 107; Nays 12; Present but not voting: 0; Absent or not
voting: 6.

Also, on motion of Rep. Carmody HB 2627 be amended on page 6, after line 25, by
inserting the following:

``Sec. 4. K.S.A. 46-222 is hereby amended to read as follows: 46-222. (a) ''Lobbyist``
means: (1) Any person employed in considerable degree for lobbying; (2) any person for-
mally appointed as the primary representative of an organization or other person to lobby
in person on state-owned or leased property; or (3) any person who makes expenditures in
an aggregate amount of $100 or more, exclusive of: (A) Personal travel and subsistence
expenses, in any calendar year for lobbying; or (B) expenses of internet websites which offerpolitical viewpoints and urge people to contact their legislators about specific legislation orlegislative ideas.

(b) Lobbyist shall not include: (1) Any state officer or employee engaged in carrying out
the duties of their office; (2) the employer of a lobbyist, if such lobbyist has registered the
name and address of such employer under K.S.A. 46-265 and amendments thereto; (3) any
nonprofit organization which has qualified under paragraph (3) of subsection (c) of section
501 of the internal revenue code of 1954, as amended, which is interstate in its operations
and of which a primary purpose is the nonpartisan analysis, study or research of legislative
procedures or practices and the dissemination of the results thereof to the public, irrespec-
tive of whether such organization may recommend a course of action as a result of such
analysis, study or research; (4) any justice or commissioner of the supreme court or judge
of the judicial branch or employee or officer of the judicial branch or, any member of a
board, council or commission who is appointed by the supreme court or who is elected or
appointed to exercise duties pertaining to functions of the judicial branch, when such person
is engaged in performing a function or duty for the judicial branch; or (5) any appointed
member of an advisory council, commission or board, who serves without compensation
other than amounts for expense allowances or reimbursement of expenses as provided for
in subsection (e) of K.S.A. 75-3223 and amendments thereto, when such member is engaged
in performing a function or duty for such council, commission or board.

Sec. 5. K.S.A. 46-225 is hereby amended to read as follows: 46-225. (a) ``Lobbying''
means: (1) Promoting or opposing in any manner action or nonaction by the legislature on
any legislative matter or the adoption or nonadoption of any rule and regulation by any state
agency; or

(2) entertaining any state officer or employee or giving any gift, honorarium or payment
to a state officer or employee in an aggregate value of $40 or more within any calendar year,
if at any time during such year the person supplying the entertainment, gifts, honoraria or
payments has a financial interest in any contract with, or action, proceeding or other matter
before the state agency in which such state officer or employee serves, or if such person is
the representative of a person having such a financial interest.

(c)(b) ``Lobbying'' does not include any expenditure from amounts appropriated by the
legislature for official hospitality.

(d)(c) ``Lobbying'' does not include representation of a claimant on a claim filed by the
claimant under K.S.A. 46-907 and 46-912 to 46-919, inclusive, and amendments thereto in
proceedings before the joint committee on special claims against the state.

(e)(d) ``Lobbying'' does not include bona fide personal or business entertaining.

(e) ``Lobbying'' does not include internet websites that offer political viewpoints andurge people to contact their legislators about specific legislation or legislative ideas.

(f) No legislator may be hired as a lobbyist to represent anyone before any state agency.'';

And by renumbering sections accordingly;

Also on page 6, in line 26, before ``K.S.A.'' by inserting ``K.S.A. 46-222 and 46-225 and'';

On page 1, in the title, in line 14, after ``amending'' by inserting ``K.S.A. 46-222 and 46-
225 and'';

Also, on further motion of Rep. Carmody HB 2627 be amended on page 6, after line 25,
by inserting the following:

``Sec. 4. K.S.A. 46-292 is hereby amended to read as follows: 46-292. Any person ag-grieved by any order of the commission pursuant to this act may appeal such order inaccordance with the provisions of the act for judicial review and civil enforcement of agencyactions.(a) Any order of the governmental ethics commission shall be subject to review inaccordance with the provisions of the Kansas administrative procedure act. Such reviewshall be conducted by a review panel composed of administrative law judges as provided insubsection (b). The governmental ethics commission shall not have authority to designate areview panel to conduct such reviews. The order of the review panel upon review pursuantto this subsection shall be a final order under the Kansas administrative procedure act. Suchorder shall not be subject to reconsideration pursuant to K.S.A. 77-529 and amendmentsthereto and shall be subject to review in accordance with the act for judicial review and civilenforcement of agency actions. This section shall not affect any administrative proceedingpending before the governmental ethics commission on July 1, 2000, and such matter shallproceed as though no change in the law had been made with regard to such proceeding.

(b) The office of administrative hearings within the department of administration, inaccordance with K.S.A. 75-37,121 and amendments thereto, shall contract with or employadministrative law judges, court reporters and other support personnel as necessary to con-duct proceedings required by subsection (a). A review panel under subsection (a) shall becomposed of not less than three administrative law judges as designated by the director ofthe office of administrative hearings. Any administrative law judge contracted with or em-ployed to conduct such proceedings shall be admitted to the practice of law in this state. Theoffice of administrative hearings within the department of administration may establish andcollect reasonable amounts for services provided pursuant to this section.'';

And by renumbering sections accordingly;

Also on page 6, in line 26, before ``K.S.A.'' by inserting ``K.S.A. 46-292 and'';

On page 1, in the title, in line 14, after ``amending'' by inserting ``K.S.A. 46-292 and'';

Also, on motion of Rep. Alldritt to amend HB 2627, the motion did not prevail, and the
bill be passed as amended.

Committee report to HB 2700 be adopted; and the bill be passed as amended.

Committee report to HB 2757 be adopted; and the bill be passed as amended.

Committee report to HB 2209 be adopted; also, on motion of Rep. Phill Kline to amend,
Rep. O'Neal requested a ruling on the amendment being germane to the bill. The Rules
Chair ruled the amendment not germane.

Also, on motion of Rep. Klein to rerefer HB 2209 to Committee on Judiciary, the motion
did not prevail.

Also, roll call was required on motion of Rep. Spangler to strike the enacting clause on HB 2209.

On roll call, the vote was: Yeas 59; Nays 62; Present but not voting: 0; Absent or not
voting: 4.

The motion of Rep. Spangler did not prevail, and on motion to recommend HB 2209 favorably for passage, the motion did not prevail.

Committee report to HB 2975 be adopted; and the bill be passed as amended.

Committee report to HB 2976 be adopted; also, on motion of Rep. Schwartz be amended
on page 1, after line 35, by inserting the following:

``Sec. 2. K.S.A. 1999 Supp. 47-1809 is hereby amended to read as follows: 47-1809.
(a) As used in this section, ``feral swine'' means any untamed or undomesticated hog, boar
or pig.

(b) Importation or possession, or both, of feral swine into the state of Kansas is a vio-
lation of state law, which may incur a civil penalty in the amount of not less than $250$1,000 nor more than $1,000$5,000 for each such violation. In the case of a continuing
violation, every day such violation continues shall be deemed a separate violation.

(c) Any duly authorized agent of the livestock commissioner, upon a finding that any
person, or agent or employee thereof, has violated any of the provisions stated above, may
impose a civil penalty upon such person as provided in this section.

(d) No civil penalty shall be imposed pursuant to this section except upon the written
order of the duly authorized agent of the livestock commissioner to the person who com-
mitted the violation. Such order shall state the violation, the penalty to be imposed and the
right of the person to appeal to the commissioner. Any such person, within 20 days after
notification, may make written request to the commissioner for a hearing in accordance
with the provisions of the Kansas administrative procedure act. The commissioner shall
affirm, reverse or modify the order and shall specify the reasons therefor.

(e) Any person aggrieved by an order of the commissioner made under this section may
appeal such order to the district court in the manner provided by the act for judicial review
and civil enforcement of agency actions.

(f) Any civil penalty recovered pursuant to the provisions of this section shall be remitted
to the state treasurer, deposited in the state treasury and credited to the state general fund.

(g) The livestock commissioner, or the authorized representative of the livestock com-
missioner, may destroy or require the destruction of any feral swine upon discovery of such
swine.'';

And by renumbering sections accordingly;

Also on page 1, in line 36, by striking ``is'' and inserting ``and K.S.A. 1999 Supp. 47-1809
are'';

On page 1, in the title, in line 10, by striking ``wildlife'' and inserting ``animals''; in line
11, after the semicolon, by inserting ``penalty for importation or possession of feral swine;'';
also in line 11, after ``32-1032'', by inserting ``and K.S.A. 1999 Supp. 47-1809''; also in line
11, by striking ``section'' and inserting ``sections''; and HB 2976 be passed as amended.

On motion of Rep. McClure HB 2762 be amended on page 1, after line 36, by inserting:

``Sec. 2. K.S.A. 32-921 is hereby amended to read as follows: 32-921. (a) The secretary
shall prescribe a course of instruction of not less than a total of 10 hours in hunter education. (b) The secretary shall designate those persons who shall issue a certificate of completion
of an approved hunter education course to each person who successfully completes sucha
course of instruction pursuant to this subsection, and such designation and certificate shall
be valid until revoked by the secretary.

(b) The secretary shall prescribe a course of instruction of not less than a total of fourhours in hunter education, which may be completed by correspondence course materials.Individuals completing this course of instruction shall be eligible to receive a restrictedcertificate of completion of an approved hunter education course. The secretary shall des-ignate those persons who shall issue a restricted certificate of completion of an approvedhunter education course to each person who successfully completes a course of instructionprescribed pursuant to this subsection. Such designation and restricted certificate shall bevalid for one year, or until revoked by the secretary, and enable the holder to obtain a specialcontrolled shooting area hunting license which shall be valied only for controlled shootingareas licensed pursuant to K.S.A. 32-945, and amendments thereto.'';

Also on page 1, by renumbering the remaining sections accordingly; in line 37, by striking
``1999 Supp. 32-945 is'' and inserting ``32-921 and K.S.A. 1999 Supp. 32-945 are'';

In the title, in line 10, by striking ``amending'' and inserting ``hunter safety education;
amending K.S.A. 32-921 and''; in line 11, by striking ``section'' and inserting ``sections''; and HB 2762 be passed as amended.

Committee report to HB 2103 be adopted; and the bill be passed as amended.

On motion of Rep. McKinney to amend HB 2559, Rep. Powell requested a ruling on
the amendment being germane to the bill. The Rules Chair ruled the amendment germane.
The question then reverted back to the motion of Rep. McKinney and the bill be amended
on page 1, preceding line 14, by inserting new material to read as follows:

``New Section 1. (a) In any year in which the sum of the amount by which the actual
general fund receipts for the fiscal year ending in such year exceeds the original joint esti-
mate of revenue to the state general fund for that fiscal year prepared pursuant to K.S.A.
75-6701, and amendments thereto, as adjusted for legislative changes during May of such
calendar year, by more than $50,000,000, 50% of such amount shall be transferred from
the state general fund to the state debt reduction fund.

(b) There is hereby established in the state treasury the state debt reduction fund which
shall be administered by the state treasurer. All expenditures from the state debt reduction
fund shall be for the purpose of providing funding for retirement or defeasement of bonds
issued for programs and capital improvement projects for state agencies which bonds be-
come defeasible or callable during the fiscal year for which the fund is appropriated or to
otherwise offset outstanding state debt to be retired from payments from the state general
fund. Such expenditures shall be made by the state treasurer in consultation with the Kansas
development finance authority upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the state treasurer or the treasurer's designee.

(c) On or before the 10th day of each month, the director of accounts and reports shall
transfer from the state general fund to the state debt reduction fund interest earnings based
on: (1) The average daily balance of moneys in the state debt reduction fund for the pre-
ceding month; and (2) the net earnings rate of the pooled money investment portfolio for
the preceding month.'';

Also on page 1, in line 14, by striking ``Section 1.'' and inserting ``Sec. 2.'';

And by renumbering sections accordingly;

In the title, on page 1, in line 9, by striking ``relating to'' and inserting ``powers, duties
and functions relating to certain bonded public debt; disposition of certain state general
fund revenues and; and HB 2559 be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Environment recommends HB 2831 be amended on page 1, in line
17, after ``wastes'', by inserting ``and recyclables''; in line 29, before ``and'', by inserting
``recycling''; in line 42, after ``statement'', by inserting ``or as otherwise provided by the
board'';

On page 2, in line 35, by striking ``which''; in line 36, after the period, by inserting ``The
administrative fee shall be imposed only once per delinquency and shall be paid by the
person or entity to whom the bill is sent.''; in line 42, after ``wastes'', by inserting ``and
recyclables'';

On page 3, in line 2, after ``wastes'', by inserting ``and recyclables''; in line 6, after ``wastes'',
by inserting ``and recyclables''; after line 6, by inserting:

``(f) This section is enabling legislation for the regulation of solid waste and recycling
and is not intended to prevent the enactment and enforcement of additional laws on the
same subject which are not in conflict with the provisions of this section.''; and the bill be
passed as amended.

The Committee on Judiciary recommends HB 2372 be amended on page 1, in line 15,
after ``judge'' by inserting ``of the supreme court or court of appeals''; in line 20, by striking
``any'' and inserting ``such''; before line 26, by inserting the following:

``(b) Any district judge or district magistrate judge may retire upon reaching age 65 or
age 62 with the completion of 10 years of credited service or the first day of the month
coinciding with or following the date that the total of the number of years of credited service
and the number of years of attained age of the judge is equal to or more than 85 and upon
making application to the board, and such judge upon reaching age 70 shall retire, and upon
retiring, each such judge shall receive retirement annuities as provided in K.S.A. 20-2610
and amendments thereto, except, that when any incumbent judge attains the age of 70, such
judge, if such judge desires, may finish serving the term during which such judge attains
the age of 70.'';

And by relettering subsections accordingly;

Also on page 1, in line 26, after ``(a)'' by inserting ``or (b)''; in line 37, after ``(a)'' by
inserting ``or (b)''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2614 be amended on page 1, in line 30,
following ``person'' by inserting ``or another, identifiable person who is nude or in a state of
undress''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2855 be amended on page 1, in line 28,
after ``not'' by inserting ``less than $100 nor'';

On page 7, in line 4, after ``matter'' by inserting ``, propound written questions to be
answered under oath'';

On page 8, after line 2, by inserting the following:

``New Sec. 13. (a) As used in this section, the term ``person'' means any individual,
corporation, partnership, firm, company or other association of persons, and such term shall
include the state of Kansas and any of its political subdivisions.

(b) Except as provided in K.S.A. 12-205, and amendments thereto, any person who may
be damaged or injured by any agreement, monopoly, trust, conspiracy or combination which
is declared unlawful by any of the acts contained in chapter 50 of the Kansas Statutes
Annotated, relating to unlawful acts, agreements, monopolies, trusts, conspiracies or com-
binations in restraint of trade, shall have a cause of action against any person causing such
damage or injury. Such action may be brought by any person who is injured in such person's
business or property by reason of anything forbidden or declared unlawful by this act,
regardless of whether such injured person dealt directly or indirectly with the defendant.
The plaintiff in any action commenced hereunder in the district court of the county wherein
such plaintiff resides, or the district court of the county of the defendant's principal place
of business, may sue for and recover treble the damages sustained. In addition, any person
who is threatened with injury or additional injury by reason of any person's violation of such
acts may commence an action in such district court to enjoin any such violation, and any
damages suffered may be sued for and recovered in the same action in addition to injunctive
relief. Any suit for injunctive relief against a municipality shall be subject to the provisions
of K.S.A. 12-205, and amendments thereto.

(c) In any action commenced under this section, the plaintiff may be allowed reasonable
attorney fees and costs. The remedies provided herein shall be alternative and in addition
to any other remedies now provided by law.

New Sec. 14. Whenever it appears to the attorney general that the state of Kansas or
any city, town, political subdivision or other governmental agency, body or authority estab-
lished under the laws of the state of Kansas has been so injured or damaged by any con-
spiracy, combination or agreement in restraint of trade or commerce or similar unlawful
actions, as to entitle the state of Kansas, a city, a town, or political subdivision, or other such
governmental agency, body or authority to a right to bring any action or proceeding for the
recovery of damages under the provisions of any state or federal antitrust or other similar
law, the attorney general shall have the authority to institute and prosecute any such actions
or proceedings on behalf of the state of Kansas or of any city, town, or political subdivision,
or other governmental agency, body or authority established under the law of the state of
Kansas, and shall have the authority to intervene on behalf of the state of Kansas or any
city, town, political subdivision or other governmental agency, body or authority in such
actions or proceedings.

Sec. 15. K.S.A. 75-716.(a) Except as otherwise provided by law, any moneys in the attorney
general's antitrust special revenue fund shall be disbursed by the director of accounts and
reports in the manner provided by law, upon order of the attorney general, for the payment
of any expense incurred by the attorney general in the prosecution of antitrust actions. Such
expenses shall include, but not be limited to, professional and witness fees, deposition costs,
investigation, travel and subsistence, or any other expense reasonably related to enforcement
of such laws, whether incurred pursuant to the recovery of money or enforcement through
other civil or criminal remedies.

(b) On each June 30, the attorney general shall determine the amount of moneys cred-ited to the attorney general's antitrust special revenue fund which is in excess of the amountauthorized by the legislature to be expended from such fund for the ensuing fiscal year andshall certify such amount to the director of accounts and reports. Upon receipt of suchcertification, the director of accounts and reports shall transfer the amount certified fromthe attorney general's antitrust special revenue fund to the state general fund.'';

By renumbering the remaining sections accordingly;

Also on page 8, in line 7, by striking ``and'' and inserting a comma; also in line 7, after
``50-156'' by inserting ``, 50-801, 75-713 and 75-716'';

In the title, in line 10, by striking the first ``and'' and inserting a comma; also in line 10,
after ``50-153'' by inserting ``and 75-716''; in line 13, by striking ``and'' and inserting a comma;
in line 15, by striking ``and'' and inserting a comma; also in line 15, after ``50-156'' by inserting
``, 50-801 and 75-713''; and the bill be passed as amended.

The Committee on Judiciary recommends HB 2879 be amended on page 2, in line 3
by striking all after ``means'', by striking all of line 4, by striking all before the period in line
5 and inserting ``any individual, corporation, partnership, firm, company or other association
of persons, and such term shall include the state of Kansas and any of its political subdivi-
sions''; by striking lines 22 and 23 and renumbering the remaining sections accordingly;

In the title, line 9, by striking ``electric'' and inserting ``electronic''; and be passed as
amended.

The Committee on Transportation recommends HB 2561 be amended on page 1, in
line 21, following ``Any'' by inserting ``late model''; in line 25, by striking ``65%'' and inserting
``75%''; in line 35, following the semicolon, by inserting ``or''; in line 37, by striking ``65%''
and inserting ``75%''; also in line 37, by striking the colon; by striking all in lines 38 through
41; in line 42, by striking ``(ii)'';

On page 2, in line 11, by striking ``Has''; by striking all in lines 12 through 17; in line 18,
by striking all preceding ``incapable'' and inserting ``Is''; in line 21, by striking all following
``scrap''; by striking all in lines 22 through 28 and inserting a semicolon; in line 31, by striking
the period, and inserting the following ``; and

(7) ``late model motor vehicle'' means a motor vehicle which has a manufacturer's model
year designation of or later than the year in which the vehicle was damaged, destroyed,
wrecked, burned or submerged in water or any of the six preceding years.'';

Also on page 2, in line 32, by striking all following ``(a)''; by striking all in line 33; in line
34, by striking all preceding ``shall'' and inserting ``Except as otherwise provided by this
section, the owner of a vehicle that meets the definition of a salvage vehicle or nonrepairable
vehicle''; in line 43, by striking ``15'' and inserting ``30'';

On page 3, in line 8, following the period, by inserting ``The vehicle owner shall apply to
the division for a salvage title or nonrepairable vehicle certificate within 30 days after being
notified by the insurance company.''; following line 21, by inserting the following:

``(g) Failure to apply for a salvage title or nonrepairable vehicle certificate as provided
by this section shall be a class C nonperson misdemeanor.'';

On page 4, in line 33, by striking all following the period; by striking all in lines 34 through
36; in line 37, by striking all preceding ``shall'' and inserting ``When the nonrepairable vehicle
has been dismantled, disassembled or recycled the owner'';

On page 5, in line 22, by striking ``1998'' and inserting ``1999''; by striking all in lines 37
through 40;

On page 6, in line 3, preceding the semicolon, by inserting ``the owner has not provided
motor vehicle liability insurance coverage or an approved self insurance plan under K.S.A.
40-3104, and amendments thereto, and has not applied for or obtained registration of such
motor vehicle in accordance with article 1 of chapter 8 of the Kansas Statutes Annotated'';
following line 4, by inserting the following:

``(4) The term ``nonhighway vehicle'' shall not include any motor vehicle which is defined
under the provisions of section 2, and amendments thereto.'';

Also on page 6, by striking all in lines 5 through 43;

By striking all on pages 7 and 8 and inserting the following:

``Sec. 1. K.S.A. 1999 Supp. 8-198 is hereby amended to read as follows: 8-198. (a) A
nonhighway vehicle shall not be required to be registered in this state, as provided in K.S.A.
8-135, and amendments thereto, but nothing in this section shall be construed as abrogating,
limiting or otherwise affecting the provisions of K.S.A. 8-142, and amendments thereto,
which make it unlawful for any person to operate or knowingly permit the operation in this
state of a vehicle required to be registered in this state.

(b) Upon the sale or transfer of any nonhighway vehicle, the purchaser thereof shall
obtain a nonhighway certificate of title in the following manner:

(1) If the transferor is a vehicle dealer, as defined in K.S.A. 8-2401, and amendments
thereto, and a certificate of title has not been issued for such vehicle under this section or
under the provisions of K.S.A. 8-135, and amendments thereto, such transferor shall make
application for and assign a nonhighway certificate of title to the purchaser of such non-
highway vehicle in the same manner and under the same conditions prescribed by K.S.A.
8-135, and amendments thereto, for the application for and assignment of a certificate of
title thereunder. Upon the assignment thereof, the purchaser shall make application for a
new nonhighway certificate of title, as provided in subsection (c).

(2) Except as provided in subsection (b) of K.S.A. 8-199, and amendments thereto, If
a certificate of title has been issued for any such vehicle under the provisions of K.S.A. 8-
135, and amendments thereto, the owner of such nonhighway vehicle may surrender such
certificate of title to the division of vehicles and make application to the division for a
nonhighway certificate of title, or the owner may obtain from the county treasurer's office
a form prescribed by the division of vehicles and, upon proper execution thereof, may assign
the nonhighway certificate of title or the regular certificate of title with such form attached
to the purchaser of the nonhighway vehicle. Upon receipt of the nonhighway certificate of
title or the regular certificate of title with such form attached, the purchaser shall make
application for a new nonhighway certificate of title as provided in subsection (c).

(3) If the transferor is not a vehicle dealer, as defined in K.S.A. 8-2401, and amendments
thereto, and a certificate of title has not been issued for the vehicle under this section or a
certificate of title was not required under K.S.A. 8-135, and amendments thereto, the trans-
feror shall make application to the division for a nonhighway certificate of title as provided
in this section, except that in addition thereto, the division shall require a bill of sale or such
transferor's affidavit, with at least one other corroborating affidavit, that such transferor is
the owner of such nonhighway vehicle. If the division is satisfied that the transferor is the
owner, the division shall issue a nonhighway certificate of title for such vehicle, and the
transferor shall assign the same to the purchaser, who shall make application for a new
nonhighway certificate of title, as provided in subsection (c).

(c) Every purchaser of a nonhighway vehicle, whether assigned a nonhighway certificate
of title or a regular certificate of title with the form specified in paragraph (2) of subsection
(b) attached, shall make application to the county treasurer of the county in which such
person resides for a new nonhighway certificate of title in the same manner and under the
same conditions as for an application for a certificate of title under K.S.A. 8-135, and amend-
ments thereto. Such application shall be in the form prescribed by the director of vehicles
and shall contain substantially the same provisions as required for an application under
subsection (c)(1) of K.S.A. 8-135, and amendments thereto. In addition, such application
shall provide a place for the applicant to certify that the vehicle for which the application
for a nonhighway certificate of title is made is a nonhighway vehicle, and other provisions
the director deems necessary. Each application for a nonhighway certificate of title shall be
accompanied by a fee of $7 until July 1, 2002, $6 until July 1, 2004, and $3.50 thereafter,
and if the application is not made to the county treasurer within the time prescribed by
K.S.A. 8-135, and amendments thereto, for making application for a certificate of title there-
under, an additional fee of $2.

(d) A nonhighway certificate of title shall be in form and color as prescribed by the
director of vehicles. A nonhighway certificate of title shall indicate clearly and distinctly on
its face that it is issued for a nonhighway vehicle. A nonhighway certificate of title shall
contain substantially the same information as required on a certificate of title issued under
K.S.A. 8-135, and amendments thereto, and other information the director deems necessary.

(e) A nonhighway certificate of title may be transferred in the same manner and under
the same conditions as prescribed by K.S.A. 8-135, and amendments thereto, for the transfer
of a certificate of title, except as otherwise provided in this section. A nonhighway certificate
of title may be assigned and transferred only while the vehicle remains a nonhighway vehicle.
Upon transfer or sale of a nonhighway vehicle which has been rebuilt or restored or isotherwiseis in a condition which will allow the registration of such vehicle, the owner shall
assign the nonhighway certificate of title to the purchaser, and the purchaser shall obtain a
certificate of title and register such vehicle as provided in K.S.A. 8-135, and amendments
thereto. No regular certificate of title shall be issued for a vehicle for which there has been
issued a nonhighway certificate of title until there has been compliance with K.S.A. 8-116a,
and amendments thereto.

(f) The owner of a vehicle which has been issued a nonhighway title prior to July 1,2000, and has been assembled, reconstructed, reconstituted or restored or otherwise placed
in an operable condition may make application to the county treasurer for a permit to
operate such vehicle on the highways of this state over the most direct route from the place
such nonhighway vehicle is located to a specified location named on the permit and to
return to the original location. No such permit shall be issued for any vehicle unless the
owner has motor vehicle liability insurance coverage or an approved self-insurance plan
under K.S.A. 40-3104, and amendments thereto. Such permit shall be on a form furnished
by the director of vehicles and shall state the date the vehicle is to be taken to the other
location, the name of the insurer, as defined in K.S.A. 40-3103, and amendments thereto,
and the policy number or a statement that the vehicle is included in a self-insurance plan
approved by the commissioner of insurance, a statement attesting to the correctness of the
information concerning financial security, the vehicle identification number and a descrip-
tion of the vehicle. Such permit shall be signed by the owner of the vehicle. Permits issued
under this subsection (f) shall be prepared in triplicate. One copy shall be carried in the
vehicle for which it is issued and shall be displayed so that it is visible from the rear of the
vehicle. The second copy shall be retained by the county treasurer, and the third copy shall
be forwarded by the county treasurer to the division of vehicles. The fee for such permit
shall be $1 which shall be retained by the county treasurer, who shall annually forward 25%
of all such fees collected to the division of vehicles to reimburse the division for adminis-
trative expenses, and shall deposit the remainder in a special fund for expenses of issuing
such permits.

(g) A nonhighway vehicle for which a nonhighway certificate of title has been issued
pursuant to this section shall not be deemed a motor vehicle for the purposes of K.S.A. 40-
3101 to 40-3121, inclusive, and amendments thereto, except when such vehicle is being
operated pursuant to subsection (f). Any person who knowingly makes a false statement
concerning financial security in obtaining a permit pursuant to subsection (f), or who fails
to obtain a permit when required by law to do so is guilty of a class C misdemeanor.

(h) Any person who, on July 1, 1996, is the owner of an all-terrain vehicle, as defined
in K.S.A. 8-126, and amendments thereto, shall not be required to file an application for a
nonhighway certificate of title under the provisions of this section for such all-terrain vehicle,
unless the person transfers an interest in such all-terrain vehicle.

Sec. 10. K.S.A. 8-199 is hereby amended to read as follows: 8-199. (a) Except as pro-vided in subsection (b), It shall be unlawful for any person to sell or transfer the ownership
of any nonhighway vehicle, unless such person shall give to the purchaser thereof an assigned
nonhighway certificate of title.

(b) The sale or transfer of ownership of a nonhighway vehicle shall include the acqui-sition of any such vehicle by an insurer, as defined by K.S.A. 40-3103, from any person uponpayment of consideration therefor in satisfaction of such insurer's obligation under a policyof motor vehicle insurance but the transferor of a vehicle for which a title has been issuedunder K.S.A. 8-135 shall not be required to obtain a nonhighway certificate of title for suchvehicle and may assign to the insurer the certificate of title issued pursuant to K.S.A. 8-135.It shall be unlawful for any insurer to sell or attempt to sell any nonhighway vehicle, throughpower of attorney or otherwise, unless such insurer shall obtain a nonhighway certificate oftitle issued in the name of the insurer.

(c)(b) Any person, firm, company, corporation, partnership, association or other legal
entity who violates the provisions of this section shall be guilty of a class C misdemeanor.

(d)(c) Nothing in this act shall be construed as relieving any person of the payment of
the tax imposed on the sale of a motor vehicle pursuant to K.S.A. 79-3603, and amendmentsthereto.'';

By renumbering sections accordingly;

On page 9, in line 1, by striking ``8-1,136 and K.S.A. 1998''; and inserting ``8-199 and 8-
1,136 and K.S.A. 1999'';

In the title, in line 10, by striking ``1998'' and inserting ``8-199 and K.S.A. 1999''; and the
bill be passed as amended.

The Committee on Transportation recommends HB 2923 be amended on page 1, in
line 13, by striking ``The'' and inserting ``As an alternative to the tax provided in K.S.A. 12-
2535, and amendments thereto, the''; in line 16, following ``to'' by inserting ``adopt a reso-
lution proposing to''; in line 17, following ``a'' by inserting ``countywide retailers' sales''; in
line 18, by striking all following ``and''; in line 19, by striking all preceding ``pledging''; by
striking all in lines 21 through 23; in line 24, by striking all preceding ``not'' and inserting
``The levy shall''; in line 28, by striking all following the period; by striking all in lines 29
and 30; by striking all in line 31 and inserting ``The county commissioners shall notify the'';
in line 34, by striking ``If'' and inserting ``Except as hereinafter provided, if''; in line 36,
following the period, by inserting ``No countywide retailers' sales tax authorized by this
section, shall be levied, unless such tax has been submitted to the voters of all counties
which have become members of the Kansas City area transportation district and authority
and has been approved by the voters of at least Johnson County, kansas, and Jackson County,
Missouri.''; and the bill be passed as amended.

Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were thereupon introduced and read by title:

HB 3006, An act enacting the private attorney retention sunshine act; attorneys employed
by a state agency; concerning legislative review of certain contracts for legal services; limi-
tation on contingent fees, by Committee on Federal and State Affairs.

INTRODUCTION OF ORIGINAL MOTIONS
On motion of Rep. Glasscock, pursuant to House Rule 2306, HB 2346, 2631, 2946 were
withdrawn from the Calendar under the order of business, General Orders, and were re-
ferred to Committee on Calendar and Printing.